Portland, OR – A jury in Multnomah County, Oregon, awarded approximately $25 million in a landmark medical malpractice case against The Portland Clinic following a botched colonoscopy that led to a patient’s death. The verdict, delivered on Friday, found the outpatient surgical facility and its staff partly negligent after failing to properly respond to the patient’s critical decline in health during the medical procedure.
The lawsuit stemmed from the tragic death of Ericc Gilbert who underwent a routine colonoscopy at the clinic. According to the plaintiff’s attorney, Sean Claggett, Gilbert went into respiratory arrest, and substandard resuscitation efforts exacerbated his condition, ultimately leading to severe brain damage and his death a few days later. The clinic’s defense had placed sole blame on the anesthesiologist involved, who had previously settled separately and relinquished his medical license.
Despite attempts to deflect responsibility, the jury assigned 40 percent of the liability to The Portland Clinic, with the remaining 60 percent placed on the anesthesiologist, David Stellway. However, with Oregon’s wrongful death cap of $500,000, which is under legal scrutiny for constitutional grounds, the actual amount payable by the clinic could be reduced.
During the trial, Claggett argued that Gilbert’s specific health risks, such as his weight and sleep apnea, necessitated that his procedure be conducted in a hospital rather than an outpatient facility. The turning point in the case came with the testimonies from the defense’s own expert witnesses, who admitted the clinic was ill-prepared for emergency situations, lacking essential training for such medical crises.
This lack of preparedness became a critical point of discussion during the trial. Claggett’s methodical approach to jury analysis, which he terms “Jury Ball” – a systematized pre-trial focus grouping detailed in his book – predicted the distribution of liability closely, which Claggett claims helped in steering the case to its conclusion. His corrective insights into jury behaviors and verdict outcomes reflect a significant strategic advantage in medical malpractice litigation.
The court’s decision highlights a growing concern about the readiness of outpatient surgical centers to manage emergencies, particularly when general anesthesia is used. Claggett hopes the verdict will prompt healthcare centers nationwide to enhance their emergency response protocols and staff training.
Legal representation for The Portland Clinic was provided by Lewis Brisbois, with the clinic insured by The Doctors Company. Gilbert’s estate was represented by attorneys David Creasy, Geordan Logan, Marc Johnston, and Aaron Tillman from Claggett & Sykes.
The case, captioned as The Estate of Erric Edward Gilbert vs The Portland Clinic, et al., case number 21CV18955, has been significant not only for its verdict but also for emphasizing systemic failures in some areas of American healthcare practices. Claggett hopes this decision serves as a poignant reminder and a catalyst for widespread procedural and policy reforms in ambulatory surgical practice. As healthcare methodologies evolve, so too must the protocols that ensure patient safety in every setting.